Terms

Acceptance of Terms

By accessing or using any National Evermore Services (“NES”) website, client portal, auditor portal, mobile interface, reporting system, training module, or any related digital or physical service (collectively, the “Services”), you acknowledge and agree that you have read, understood, and are legally bound by these Terms of Service (“Terms”). These Terms apply to all visitors, clients, employees, contractors, and authorized portal users.

If you do not agree to these Terms, or if you are not authorized by your employer or organization to use NES systems, you must immediately discontinue all access and use of the Services. Continued use constitutes ongoing acceptance of the most current version of these Terms.

By using the Services on behalf of a business entity such as a restaurant group, grocery chain, foodservice operator, or third-party auditing organization, you represent that you are authorized to bind that entity to these Terms and that your use is compliant with all relevant company policies and contractual obligations.

Modifications to Terms

NES reserves the right, at its sole discretion, to update, modify, amend, or replace these Terms at any time, with or without prior notice. Any revisions will become effective immediately upon posting to the NES website or client/auditor portals. It is the responsibility of each user to review the Terms periodically for changes. Your continued access to or use of NES websites, portals, reports, or services following the posting of any modifications constitutes your binding acceptance of the revised Terms. NES shall not be liable for any damages or losses arising from a user’s failure to review updated Terms.

Service Scope

NES provides food-safety auditing, compliance evaluations, reporting, training, consulting, and operational support services as defined in the client’s service agreement or proposal. The specific scope, depth, frequency, and deliverables of such services may vary depending on contractual terms, facility type, regulatory requirements, and operational readiness.

NES does not guarantee the achievement of any specific audit scores, regulatory outcomes, inspection results, legal compliance status, or operational improvements. Our audits, reports, and recommendations are advisory in nature and are intended to support—but not replace—each client’s independent responsibility for maintaining compliance with local, state, and federal laws, including all food-safety, public health, and employment regulations.

NES is not responsible for implementing corrective actions, enforcing compliance, validating client decisions, or verifying the ongoing safety practices of employees, managers, contractors, or vendors. Clients remain solely responsible for the accuracy of the information they provide, the execution of corrective measures, and the maintenance of safe and compliant operations.

User Responsibilities

Users agree to provide complete, accurate, and up-to-date information when creating or accessing an NES account and are solely responsible for maintaining the confidentiality and security of all usernames, passwords, multi-factor authentication methods, and any other login credentials issued by NES. Users acknowledge that any actions taken under their accounts—whether performed by the user, an employee, or an unauthorized third party who gained access due to user negligence—will be deemed the responsibility of the account holder.

Users agree to access NES websites, portals, tools, and systems exclusively for authorized business purposes and in accordance with all applicable laws, regulations, and contractual obligations. Any attempt to gain unauthorized access, bypass security controls, impersonate another user, extract data, perform automated scanning, conduct scraping, engage in penetration testing, reverse engineer system components, or otherwise misuse NES systems is strictly prohibited.

Users further agree not to upload or transmit any malicious code, including viruses, ransomware, spyware, or any other harmful software. Users must immediately notify NES if they suspect unauthorized access, compromised credentials, or unusual account activity. Failure to maintain secure practices may result in suspension or termination of access rights.

Privacy & Data Use

NES collects, stores, and processes personal information, operational data, audit results, and system usage information in accordance with our Privacy Policy and applicable data protection laws. Data collected may include user credentials, contact information, location data, device identifiers, audit findings, uploaded files, and activity logs generated through the use of NES websites, portals, and digital tools.

NES uses this information for purposes including, but not limited to: delivering and improving our auditing and reporting services, performing internal quality control and calibration, maintaining system integrity and security, producing analytics, enhancing user experience, resolving support issues, and fulfilling contractual obligations.

NES does not sell personal information to third parties. However, NES may share data with authorized partners, subcontractors, or service providers strictly as necessary to perform contracted services, operate our systems, or comply with legal, regulatory, or safety obligations. All such parties are required to uphold confidentiality and data protection standards.

By using NES systems, users consent to the collection and processing of data for the above purposes. Users are responsible for ensuring that any data they provide or upload is lawful, accurate, and authorized for business use.

Confidentiality

Audit reports, CAPs, training materials, operational insights, system analytics, and all documents or data accessed through NES platforms may contain confidential, proprietary, or legally protected information belonging to NES or its clients. Such information is provided solely for authorized business use and may not be shared, copied, downloaded, distributed, or republished without express written permission from NES or, where applicable, the respective client.

Users agree to implement reasonable safeguards to protect confidential information, including securing devices, restricting access to authorized personnel, preventing public disclosure, and complying with all confidentiality obligations in service agreements, NDAs, or regulatory requirements. Any unauthorized disclosure, data extraction, screenshotting, or distribution of NES materials is strictly prohibited and may result in termination of access, civil liability, and legal action.

If a user becomes aware of any unauthorized access, disclosure, or security incident involving NES information, they must notify NES immediately so that proper mitigation steps can be taken.

Intellectual Property

All NES branding, trademarks, service marks, trade dress, logos, color schemes, proprietary audit methodologies, scoring systems, corrective action workflows, digital tools, data models, training materials, system architecture, portal features, user interface designs, components, scripts, algorithms, database schemas, automation logic, reporting formats, operational frameworks, and all other content or technology made available through NES websites, portals, software, or services (collectively, the “NES Materials”) are the exclusive property of National Evermore Services (“NES”) or its licensors.

The NES Materials are protected by United States and international copyright, trademark, trade secret, and intellectual property laws. This includes, without limitation, all portal code (front-end and back-end), auditor workflows, client workflows, CAP escalation logic, scoring criteria, audit templates, file-processing pipelines, automation scripts, formulas, algorithms, design elements, diagrams, documentation, and all internal systems and processes.

You are granted a limited, non-exclusive, non-transferable license to access and use the NES Materials solely for authorized business purposes and solely as permitted under your contractual agreement with NES. No other rights are granted.

Except where explicitly authorized in writing by NES, you may not copy, reproduce, publish, distribute, transmit, sell, resell, sublicense, modify, translate, adapt, reverse engineer, decompile, disassemble, scrape, export, mirror, frame, or create derivative works based on the NES Materials. This prohibition includes, but is not limited to:

• replicating NES audit frameworks, questions, scoring systems, or scoring logic;
• duplicating NES report formats, CAP workflows, or automated escalation logic;
• copying portal layouts, UI components, dashboard structures, or user navigation patterns;
• recreating database structures, naming conventions, relationships, or data pipelines;
• extracting, harvesting, or scraping portal content or system logic for competitive use;
• using NES Materials to build or support any competing audit, training, reporting, or compliance service.

Any unauthorized use of NES Materials is a violation of these Terms and may result in the immediate suspension or termination of access, the pursuit of civil damages, injunctive relief, and all other remedies available under law. NES aggressively enforces its intellectual property rights to protect the integrity and safety of its systems.

NES reserves all rights not expressly granted in these Terms.

Accuracy of Information

NES audit findings, reports, recommendations, CAP items, risk assessments, and all related outputs (“Audit Information”) are provided on a best-effort, professional basis and are not guaranteed to be complete, error-free, or exhaustive. Audit Information reflects conditions observed at the time of review only and may not represent prior or future conditions. Because audits inherently involve sampling, time limitations, environmental factors, operational variability, staff behavior, and client-controlled information, NES cannot and does not warrant that all issues, violations, hazards, or non-compliant activities will be identified.

NES makes no representation or warranty, express or implied, regarding the accuracy, adequacy, reliability, completeness, timeliness, or applicability of Audit Information. NES specifically disclaims all warranties of accuracy, fitness for a particular purpose, merchantability, or regulatory compliance.

Clients acknowledge and agree that:
• NES auditors rely on information, access, and honesty provided by client personnel;
• NES does not control daily operations, employee behavior, food-handling practices, or safety compliance outside the time of inspection;
• audit results are advisory in nature and do not replace regulatory inspections or legal obligations;
• NES is not responsible for consequences arising from inaccurate, incomplete, withheld, or misleading information provided by the client.

NES shall not be liable for any errors, omissions, missed violations, undetected risks, misinterpretations, operational outcomes, financial impacts, regulatory actions, illness, injury, or damages of any kind resulting from use or reliance upon Audit Information. All decisions regarding operations, compliance, food safety, employee discipline, training, risk mitigation, closures, or corrective actions remain solely the responsibility of the client.

To the maximum extent permitted by law, the client agrees to indemnify, defend, and hold harmless NES and its auditors, employees, agents, and affiliates from any claims, penalties, actions, losses, liabilities, or damages arising out of or related to reliance upon Audit Information or failure to act upon recommendations.

Audit Information is delivered “as-is,” without any guarantee of accuracy, completeness, or regulatory sufficiency.

Disclaimers & No Warranties

All NES services, digital platforms, audit tools, reports, recommendations, training materials, analytics, and any information made available through NES systems (“NES Materials”) are provided on an “as-is” and “as-available” basis. NES makes no warranties, representations, or guarantees of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by law, NES expressly disclaims all warranties, including but not limited to:
• any warranty of performance, outcome, or improvement;
• any warranty of fitness for a particular purpose or operational objective;
• any guarantee of compliance with federal, state, or local regulatory requirements;
• any assurance that NES Materials will meet client expectations, internal standards, or business needs.

NES does not warrant that NES Materials will be uninterrupted, error-free, complete, timely, current, or suitable for regulatory submission or legal defense. NES is not responsible for decisions made, actions taken, or results produced by clients based on NES Materials.

NES assumes no liability for regulatory citations, customer complaints, foodborne illness investigations, operational incidents, financial loss, reputational damage, or enforcement actions arising from client-controlled practices or reliance on NES Materials. Clients understand that NES is an independent auditing and advisory service and does not act as a regulatory authority or compliance guarantor.

Continued use of NES platforms or services constitutes acknowledgment and acceptance of these disclaimers.

Limitations of Liability

To the fullest extent permitted by applicable law, National Evermore Services (“NES”) and its officers, employees, auditors, contractors, and affiliates shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages of any kind, whether arising from contract, tort, negligence, strict liability, or otherwise. This includes, without limitation, damages relating to loss of profits, loss of revenue, loss of goodwill, data loss, business interruption, regulatory penalties, foodborne illness claims, operational disruption, or reputational harm—even if NES has been advised of the possibility of such damages.

NES is not responsible for any outcomes resulting from client-controlled factors, including but not limited to operational practices, regulatory compliance, sanitation procedures, staff behavior, management decisions, training effectiveness, or failure to act upon NES recommendations or audit findings.

NES shall not be liable for any errors, omissions, delays, inaccuracies, service interruptions, system outages, or the inability to access NES platforms or reports. NES is not liable for any reliance placed on audit scores, corrective action plans, analytics, or advisory feedback by the client or third parties.

In all cases, NES’s total cumulative and aggregate liability for any claim arising out of or relating to NES services, reports, audits, digital platforms, or these Terms shall be strictly limited to the total amount actually paid by the client to NES for the specific services at issue during the twelve (12) months immediately preceding the event giving rise to the claim.

This limitation applies regardless of the legal theory asserted and survives termination of any agreement or service engagement.

Indemnification

You agree to indemnify, defend, and hold harmless National Evermore Services (“NES”), its officers, directors, owners, employees, auditors, contractors, agents, and affiliates from and against any and all claims, demands, actions, liabilities, damages, losses, fines, penalties, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

● your use or misuse of NES websites, portals, systems, tools, reports, or services;
● your violation of these Terms of Service, any contractual obligations, or any applicable law, regulation, or industry standard;
● your failure to implement, act upon, or respond to NES recommendations, audit findings, or corrective action plans;
● any operational practices, food-safety procedures, employee behavior, training lapses, management decisions, or regulatory noncompliance that occur within your organization;
● any claim or allegation by a third party (including customers, employees, vendors, and regulatory bodies) arising out of your business operations, food handling processes, or reliance on NES materials.

You acknowledge that NES does not control your daily operations and is not responsible for ensuring regulatory compliance, sanitation execution, or food-safety outcomes. Accordingly, you agree to fully assume and defend against any liabilities related to your organization’s practices, and to reimburse NES for any costs incurred in connection with such claims.

This indemnification obligation survives termination of your relationship with NES and applies to all claims, regardless of when they arise.

Portal Availability

NES strives to maintain an industry-standard uptime target of approximately 99.99% for its client portal, auditor portal, reporting systems, and other digital services. This performance target is aspirational and represents the level of reliability NES works to achieve; however, actual availability may vary based on operational, environmental, or third-party factors outside NES’s direct control.

NES makes no guarantee that this uptime target will be met and expressly disclaims any warranty or obligation to achieve a specific level of availability. Platform access may be slowed, suspended, or interrupted due to scheduled maintenance, updates, security enhancements, infrastructure upgrades, emergency fixes, network disruptions, or failures involving hosting providers, cloud service vendors, data centers, or other third-party dependencies.

Users acknowledge that such interruptions—whether planned or unplanned—are inherent to online systems. NES shall not be liable for any damages, delays, data issues, missed deadlines, operational impacts, compliance outcomes, or business losses resulting from portal downtime, reduced performance, or failure to meet the 99.99% uptime target.

NES may perform routine or emergency maintenance at any time, with or without prior notice, if necessary to preserve system integrity or ensure the security and stability of the platform.

No uptime guarantee, service-level agreement (SLA), performance commitment, or availability warranty is expressed or implied unless separately documented in a mutually signed contract that explicitly supersedes this section.

Termination

NES reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or terminate any user’s access to NES portals, systems, reports, or services at any time for any of the following reasons: violation of these Terms, suspected or confirmed security threats, unauthorized access attempts, data misuse, nonpayment, breach of contract, misuse of platform features, disruptive behavior, abuse toward NES staff or auditors, or any activity deemed harmful to NES operations, clients, auditors, data integrity, or system security.

NES may also suspend or terminate access if required by law, regulatory authority, court order, or if continued access poses a risk to the confidentiality, stability, or safety of NES systems or third-party partners. NES is not obligated to restore access until all issues are resolved to NES’s satisfaction.

Clients remain financially responsible for all outstanding balances, contractual obligations, service fees, or charges incurred prior to suspension or termination. Termination of access does not eliminate or reduce the client’s obligation to pay any outstanding invoices or committed service terms.

NES shall not be liable for any damages, losses, delays, operational impacts, compliance issues, or business interruptions resulting from suspension or termination of access, whether temporary or permanent.

Governing Law

These Terms, and any dispute, claim, or controversy arising out of or relating to the NES website, portals, services, reports, agreements, or the relationship between the parties, shall be governed exclusively by the laws of the State of California, without regard to its conflict of law principles or rules that would result in the application of any other jurisdiction’s laws.

Any legal action, arbitration, proceeding, or dispute resolution process shall be conducted solely and exclusively in Los Angeles County, California. Users and clients expressly consent to the personal jurisdiction and venue of courts and arbitrators located in Los Angeles County for all such matters.

To the fullest extent permitted by law, the parties waive the right to a jury trial and agree that all disputes shall be resolved through binding arbitration unless a separate written contract specifies otherwise. No action arising out of these Terms may be brought as a class action, collective action, or representative action; all claims must be brought on an individual basis.

This Governing Law clause remains enforceable regardless of termination, suspension, expired contracts, or discontinued use of NES services.

Contact & Questions

If you have any questions regarding these Terms of Service, NES policies, data practices, permitted use guidelines, or your contractual relationship with National Evermore Services (“NES”), you may contact us using the information below.

NES Support Team
Email: assist@evermoreservices.com

Please note that communication with NES does not create any contractual obligations unless expressly confirmed in a signed written agreement. NES does not guarantee response times for general inquiries. For urgent matters, clients should follow any escalation procedures outlined in their service agreement.

By contacting NES, you acknowledge that correspondence may be recorded, archived, or stored for quality assurance, compliance, and training purposes in accordance with our Privacy Policy.